October 23, 2013 by

Kitsap County and its Deputy Prosecutor Once Again Cited by PERC

By Jim Cline

Kitsap County has once again been found guilty of refusing to abide by bargaining law requirements and its controversial prosecutor, Jacquelyn Aufderheide, was identified by the hearing examiner for being untruthful to an arbitrator.  In a recent decision, Hearing Examiner Kristi Aravena found the County’s yearlong refusal to produce records to the Guild was an unlawful refusal to bargain.  She also cited the County for refusing to provide requested wage records to the Guild for a pending interest arbitration case.  Aravena found that Aufderheide had falsely claimed she was in the process of producing the wage records when, in fact, she was not.

[Read more…]

Filed Under: Public Sector Collective Bargaining Rights
October 23, 2013 by

PERC Finds that Pierce County Treatment of its Deputies as “Essential” on Snow Days did not Depart from Past Practice

By Therese Norton

In Pierce County, PERC Examiner Emily Whitney concluded that Pierce County did not commit an unfair labor practice (ULP) regarding deputy sheriff’s leave use during the snow closures in 2012. The County had determined that deputy sheriff’s would be deemed essential and would have to submit paid leave in the event they were absent.  The Deputy Sheriff’s Guild filed a ULP asserting that the distinction between “essential” and “nonessential” employees had not been negotiated and that no leave should be required if the deputies were unable to report to work. But Whitney concluded that there was no change to the status quo regarding deputies during the snow closures, and that the County did not unilaterally change the deputies leave utilization.  Pierce County, Decision 11818. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 21, 2013 by

PERC Examiner Finds No Bad Faith in AFSCME’s Bargaining with Clallam County

By Therese Norton

In Clallam CountyPERC Examiner Emily K. Whitney found that the Washington State Council of County and City Employees AFSCME Locals (unions) did not breach their obligation to bargain in good faith with the employer Clallam County.  The employer alleged that the unions refused to reform a mutual mistake to memorandums of agreements (MOAs), excluded the employer’s bargaining representative from the bargaining process and refused to provide relevant information. Clallam County, Decisions 11829 and 11830 (PECB, 2013).

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Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 18, 2013 by

PERC affirms that Legal Representation for Police Officers in Civil Lawsuits is not a Mandatory Subject of Bargaining

By Therese Norton

Employers commit an unfair labor practice if they do not engage in good faith bargaining of “personnel matters, including wages, hours and working conditions.” In a recent decision involving the City of Seattle and the Seattle Police Guild, the Public Employment Relations Commission examined the scope of an employer’s obligation to bargain an employer provided benefit of legal representation for police officers involved in civil lawsuits.

[Read more…]

Filed Under: Bad Faith Bargaining, Duty to Bargain, Public Sector Collective Bargaining Rights
October 17, 2013 by

Public Employment Relations Commission upholds Examiner Ruling that Kitsap Prosecutor Unlawfully Undermined Agreement

By Jim Cline

In another setback for Kitsap County, the Public Employment Relations Commission upheld a previous ruling that a Kitsap County Deputy prosecutor unlawfully undermined an agreement that had been reached between the Kitsap Dispatchers Guild and the County. InKitsap County, Decision 11675-A (PECB 2013), the Commission held that it was a breach of the County’s duty to bargain “in good faith” when it refused to ratify an agreement that it had already informed the Guild was agreeable to the County commissioners. [Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
October 10, 2013 by

PERC Examiner Dismisses ULP Complaint about Unilateral Change to Sheriff Deputies’ Compensation for Lunch Hour During Trainings

By Therese Norton

The Walla Walla County Commissioned Deputy Sheriff’s Association filed an unfair labor practice complaint alleging that Walla Walla County refused to engage in collective bargaining and interfered with employee rights by unilaterally changing the practice of compensating for the lunch hour during training days. PERC Examiner Slone-Gomez dismissed the complaint, finding that the County did not commit an unfair labor practice because the union failed to prove a “past practice”.  Walla Walla County, Decision 11877 (PECB, 2013).

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights, Scope of Bargaining, Wage and Hour Cases
September 11, 2013 by

Court Strikes Kitsap Retroactive Insurance Premium Increase in Unprecedented Reversal of Binding Interest Arbitration Award

By Jim Cline

The Kitsap Deputies Guild last week prevailed on their motion for Summary Judgment before Pierce County Judge James Orlando, that an arbitrator imposed health insurance employee contribution increase should be stricken from an interest arbitration decision.  He agreed with the Guild’s claims that the contributions were an unconstitutional “taking” and a violation of the state wage withholding law. Although the County vows to appeal, this case becomes the first known instance in which binding interest arbitrator decision has been modified by a Court.

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 5, 2013 by

PERC Renews Decision: Everett Community College is Required to Bargain Transfer of Work from Counselors

By Therese Norton

Unions have a legitimate interest in preserving work that their bargaining units historically perform.  Thus, it can be an unfair labor practice for an employer to refuse to bargain any decision to transfer or ”skim” bargaining unit work.  Recently, Everett Community College challenged the Commission’s ruling that it committed an unfair labor practice when it skimmed bargaining unit work previously performed by full-time counselors, without providing an opportunity for bargaining.  Everett Community College, Decision 11135-C (CCOL, 2013) 

[Read more…]

Filed Under: Duty to Bargain, Public Sector Collective Bargaining Rights
September 4, 2013 by

PERC Examiner Finds Washington State Patrol Interfered with Shop Steward’s Inquiries Related to Representing Fellow Unit Member

By Therese Norton

In Washington State Patrol, PERC Examiner Hartrich found that WSP interfered with employee rights when it directed a shop steward not to inquire about relevant facts while preparing to represent a bargaining unit employee in an investigatory interview. Washington State Patrol, Decision 11775 (PSRA, 2013).

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
August 30, 2013 by

State Supreme Court Finds That Poor Personnel Management and Labor Contract Violations Can Constitute Grounds for Mayor’s Recall

By Jim Cline

A recent decision by the Washington State Supreme Court appears to be fair warning to elected city officials who mismanage personnel matters and violate employee rights.  In a recent decision, the Washington State Supreme Court approved recall charges against the City of Pacific Mayor on multiple grounds, including poor personnel management practices, employment retaliation, and violating union contracts.

[Read more…]

Filed Under: Discrimination and Retaliation, Public Sector Collective Bargaining Rights
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